AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-20-10, relating
to defining dyslexia and dyscalculia; state board
responsibilities; and specifying legislative findings.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-20-10, to read as
follows:

ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

§18-20-10. Dyslexia and dyscalculia defined.

(a) The Legislature finds as follows:

(1) Reading difficulties are the most common cause of academic
failure and underachievement;

(2) There are many students who demonstrate significant
weaknesses with reading, writing and mathematics that are the root
causes of specific learning disabilities, including dyslexia,
dyscalculia and related learning difficulties. Of those who are
referred to special education services in public schools, the
majority are referred because of problems with language, reading,
writing, or a combination of each;

(3) Teaching reading effectively, especially to students
experiencing difficulty, requires considerable knowledge and skill.
Informed and effective classroom instruction, especially in the
early grades, can prevent and relieve the severity of language
difficulties, and significantly improve literacy development;

(4) For those students with specific learning disabilities,
including dyslexia and dyscalculia, who need specialized
instruction, competent intervention can lessen the impact of the
disorder and help the student overcome the most debilitating
symptoms;

(5) While programs for specific learning disabilities,
including dyslexia and dyscalculia, that certify or support
teachers, clinicians or specialists differ in their preparation
methodologies, teaching approaches and organizational purposes,
they should ascribe to a common set of professional standards for
the benefit of the students they serve. Compliance with such
standards can assure the public that individuals who serve students
with specific learning disabilities in public schools are prepared
to implement scientifically based and clinically proven practices;

(6) The American Psychiatric Association’s Diagnostic and
Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), and
the federal Individuals with Disabilities Education and Improvement
Act of 2004 (IDEA) offer widely-adopted and consistent standards to
guide the preparation, certification and professional development
for teachers of reading and related literacy skills in classroom,
remedial and clinical settings; and

(7) The basis of ascribing to common standards to benefit
students with specific learning disabilities, including dyslexia
and dyscalculia, requires recognizing common characteristics of the
disabilities. The Legislature finds that the definitions of
dyslexia and dyscalculia prescribed by IDEA and DSM-5 are the
appropriate measure for recognizing characteristics of dyslexia and
dyscalculia in students.

(b) The Legislature recognizes the following regarding
dyslexia and dyscalculia:

(1) Dyslexia and dyscalculia are conditions that may be
considered under the specific learning disability category, and
their definitions are consistent with IDEA and state board policy.
State board policy provides that “specific learning disability”
means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or
written, that may manifest itself in the imperfect ability to
listen, think, speak, read, write, spell, or to do mathematical
calculations, including conditions such as perceptual disabilities,
brain injury, minimal brain dysfunction, dyslexia and developmental
aphasia;

(2) Dyslexia is an alternative term used to refer to a pattern
of learning difficulties characterized by problems with accurate or
fluent word recognition, poor decoding, and poor spelling
abilities. If dyslexia is used to specify this particular pattern
of difficulties, it is important also to specify any additional
difficulties that are present, such as difficulties with reading
comprehension or math reasoning; and

(3) Dyscalculia is an alternative term used to refer to a
pattern of learning difficulties characterized by problems
processing numerical information, learning arithmetic facts, and
performing accurate or fluent calculations. If dyscalculia is used
to specify this particular pattern of mathematic difficulties, it
is important also to specify any additional difficulties that are
present, such as difficulties with math reasoning or word reasoning
accuracy.

(c) The state board is responsible for the following:

(1) Ensuring that all students receive the necessary and
appropriate screenings, evaluations and early assessments for
specific learning disabilities, including dyslexia and dyscalculia;

(2) Ensuring that any Individualized Education Program
regarding specific learning disabilities, including dyslexia or
dyscalculia, which is developed or implemented, is consistent with
the provisions of this section; and

(3) Providing ongoing information and education to parents
regarding specific learning disabilities, including dyslexia and
dyscalculia, and the services available to students with such
disabilities.